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Civil Petition for Special Leave to Appeal No. 163‑R of 1975, decided on 24th November 1975.
(On appeal from the order of the Lahore High Court, dated the 31st of October 1975, in Civil Revision No. Nil of 1975).
‑‑ O. XXXIX, r. 1‑Injunction, temporary‑Petitioner alter losing his case throughout in all legal forums filing declaratory suit in respect of same matter and requesting for grant of temporary" injunction‑Refusal to issue injunction in circumstances, by trial Court and High Court, held, justified.‑[Injunction].
Muhammad Nasim, Advocate Supreme Court instructed by S. Inayat Huasain, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 24th November 1975.
‑The petitioner is a local while respondent No. 1 is a claimant displaced person. The dispute between the parties is over a shop which the petitioner claims had been in his possession. The shop, however, was transferred to the respondent on the 23rd of November, 1959. The petitioner's appeal as well as his revision failed. Since then a Permanent Transfer Dead was issued to the respondent on the 20th of march, 1963.
The petitioner had also made a miscellaneous application in the year 1963 but it was dismissed. From this order he filed a writ petition which, too, was dismissed. The petitioner', petition for leave to appeal from the order dismissing the writ petition was also refused in the year 1975.
The petitioner has now been aggrieved by an order of the High Court refusing to grant him interim injunction in a declaratory suit which he had Bled on the 31st of March, 1975, challenging the transfer of the shop in question.
Having regard to the facts and circumstances of the case we think the learned Single Judge of the High Court was right in refusing to grant an interim injunction. The trial Court had originally refused to Bran the interim injunction.
We do not think this is a fit case to interfere with the order of the High Court. The petition is, accordingly, dismissed.
Petition dismissed.
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